RULING OF THE COURT
The applicant, the Hon Lady Justice Kalpana H. Rawal is the Deputy Chief Justice of the Republic of Kenya. By virtue of that office she is also the deputy head of the judiciary and the vice-president of the Supreme Court. She was appointed to those offices under the Constitution of Kenya, 2010. Prior to the promulgation of the Constitution of Kenya, 2010 on 27th August 2010, the applicant was serving as a judge of the Court of Appeal, having been appointed under the former Constitution, first as a judge of the High Court. Under section 62(1) of the former constitution as read with section 9 of the Judicature Act, the retirement age for judges was 74 years. Under Article 167(1) of the Constitution of Kenya, 2010 however, the retirement age of judges is 70 years.
When the applicant approached 70 years, the 1st respondent, the Judicial Service Commission, advised her that she would have to retire at 70 years as provided in the Constitution. Taking the view that section …